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(영문) 대구지방법원 영덕지원 2015.09.02 2015고단129
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 28, 2015, the Defendant 2015 Highest 129 Violation of the Road Traffic Act (Driving) driven a D Trate Purpose Vehicle while under the influence of alcohol content 0.160% from the Defendant’s house located in Ulsan-gun C to the same side of the Dollei Doro Doro Doro Doro Doro Doro si.

2. On May 14, 2015, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking level) by: (a) around 19:50 on May 14, 2015, the Defendant failed to comply with a demand of a police official for a drinking test by failing to comply with a demand of a police official for a drinking test by failing to comply with a demand of a police official for a drinking test by taking a drinking method in the vicinity of the access axis at the construction site of the D TXG, while drinking alcohol in the vicinity of the D TXG site, while driving a motor vehicle under influence of alcohol at around 30 minutes of drinking, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as making the Defendant sit at the driver’s seat of the said motor vehicle under the influence of drinking at the time of detection, making the Defendant take a smell, singing, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol (on May 28, 2015), notification of the control of driving under the influence of alcohol, and the next inquiry;

1. Application of Acts and subordinate statutes to criminal investigation reports (including investigation documents refusal to affix seals of investigation documents and accompanying photographs) (including photographs and documents attached thereto), host drivers' circumstantial statements (including reports on May 14, 2015), host drivers' detection reports, investigation reports (including photographs attached thereto eight copies), and criminal investigation reports (including on-site investigations of witnesses for drunk driving);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 148-2 (1) 2 of the Road Traffic Act, the relevant provision of the relevant Act concerning the facts of crime, the choice of punishment, and the selection of imprisonment);

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